the senators, birch, bayh, ted kennedy, people that are -- joe biden, they don't lay a hand on him really. so he's so excellent at parrying these questions. and the hearing record in '71 is closed, and then suddenly shortly before the vote is to take place on rehnquist and also on louis powell who was up at the same time -- >> host: right. >>ing the um, shortly before that a vote is to occur, "newsweek" magazine -- the supreme court reporter for "newsweek" was a really great guy, and he comes up somehow with this memo from the jackson files. the memo relating to brown v. board of education. and it's a bombshell. and so birch bayh, a very liberal and great senator from indiana at this time, he's leading the fight against rehnquist. he's leading the liberal fight against rehnquist. and they know it's going to be close. they probably also know they're going to go down in flames, but it's close, and bayh senses this can actually make it closer. so he starts really pushing, and the publicity starts coming out, and nixon and his attorney general, john mitchell, who actually have kind of concoct